Regina v Han Hoai Huynh [2004] NSWSC 627

Regina v Han Hoai Huynh [2004] NSWSC 627

The prisoner was guilty of manslaughter by participation in a joint criminal enterprise to attempt to rob the deceased and his wife, acting as driver while aware that associates were armed with a knife and a 9mm Beretta handgun. Although he did not stab the deceased and was removed from the immediate violence, his participation in an armed venture carrying an obvious risk of injury or death gave him a high level of criminal culpability. Taking into account parity with the co-offender, the co-offender's younger age and totality considerations, the prisoner's youth, prospects of rehabilitation, guilty plea discounted by 15%, and limited acceptance of remorse, a head sentence of 7 years and...

Jurisdiction
Australia
Judgment Date
16 July 2004
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence Following Accepted Plea of Manslaughter in Full Satisfaction of Indictment Originally Charging Murder
Outcome
Head sentence of 7 years and 6 months imprisonment with a non-parole period of 4 years imposed.
Legal Topics
['manslaughter' 'joint Criminal Enterprise' 'attempted Robbery' 'parity in Sentencing' 'non Parole Period' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'joint Criminal Enterprise' 'attempted Robbery' 'parity in Sentencing' 'non Parole Period' 'guilty Plea Discount' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence Following Accepted Plea of Manslaughter in Full Satisfaction of Indictment Originally Charging Murder

Legal Issues

  1. 1 ['What objective facts relating to the commission of the manslaughter were proved beyond reasonable doubt.' 'Whether the prisoner knew his associates were armed with a knife and a 9mm Beretta handgun during the attempted robbery.' 'What sentence should be imposed having regard to objective seriousness, subjective circumstances, parity with a co-offender, the guilty plea, remorse, youth and prospects of rehabilitation.' 'Whether special circumstances justified varying the statutory proportion between the head sentence and non-parole period.']

Ratio Decidendi

The prisoner was guilty of manslaughter by participation in a joint criminal enterprise to attempt to rob the deceased and his wife, acting as driver while aware that associates were armed with a knife and a 9mm Beretta handgun. Although he did not stab the deceased and was removed from the immediate violence, his participation in an armed venture carrying an obvious risk of injury or death gave him a high level of criminal culpability. Taking into account parity with the co-offender, the co-offender's younger age and totality considerations, the prisoner's youth, prospects of rehabilitation, guilty plea discounted by 15%, and limited acceptance of remorse, a head sentence of 7 years and...

Court Disposition

Head sentence of 7 years and 6 months imprisonment with a non-parole period of 4 years imposed.

Orders

  • ['The prisoner is sentenced to a head sentence of 7 years and 6 months, commencing on 25 March 2002 and expiring on 24 September 2009.' 'The prisoner is sentenced to a non-parole period of 4 years, commencing on 25 March 2002 and expiring on 24 March 2006, when the prisoner will be eligible for release on parole.']